April 7, 2009
Exhibit 10.9a
Confidential
Treatment Requested
Confidential
provisions of this document have been redacted and been filed separately with
the Commission
April 7,
2009
Mr. Xxxxx
Xxxxx
Manager,
Fuel Planning and Supply
South
Carolina Public Service Authority
P.O. Box
2946101
0
Xxxxxxxxx Xxxxx
Xxxxxx
Xxxxxx, XX 00000-0000
Re: Fuel
Supply Agreement #141944
Dear
Xxxxx:
Reference is made to that certain Fuel
Supply Agreement #141944, effective March 1, 2004, as amended (as amended and
revised, the “Agreement”), between South Carolina Public Service Authority and
Xxxxx River Coal Company and Xxxxx River Coal Sales, Inc.
The purpose of this letter is to set
forth our agreement, effective as of April 7, 2009, to amend certain provisions
of the Agreement addressing the term and the quantities and pricing of the coal
to be sold and purchased thereunder.
1. With
respect to the tonnage to be sold and delivered in calendar year 2009, the
parties have agreed to defer the delivery of * * * of those tons
priced at the Base Price of $* * * per ton from
calendar year 2009, with * * * of such deferred
tons to be delivered in calendar year 2011 and the remaining * * * tons to be
delivered in calendar year 2012. In connection with such deferment,
the parties have further agreed to the sale and purchase of an additional * * * tons of coal in
calendar year 2009 at a Base Price of $* * * per
ton. For ease of administration and billing, all 2009 tonnage shipped
on or before April 6, 2009 shall be billed at the Base Price of $* * * per ton and the
remaining tonnage for the year (* * * tons less the
2009 tonnage shipped on or before April 6, 2009) shall be billed at the blended
price per ton determined on the basis of the remaining tons to be delivered at
$* * * per ton
(* * * tons less
the 2009 tonnage shipped on or before April 6, 2009) and the * * * tons to be
delivered at $* * * per
ton.
2. The
parties have agreed that the Market Price for the * * * Market Price
Tons in calendar year 2010 shall be $* * * per
ton.
3. The
parties have agreed that the term of the Agreement shall now extend through
December 31, 2012 to allow for the delivery of the * * * deferred tons to
be delivered in that calendar year.
As a result of these modifications, the
quantity and pricing for tonnage to be sold and delivered in calendar years
2009-2012 shall be as follows:
________________
*** -
confidential material redacted and filed separately with the
commission.
* * *
For ease of administration and billing,
the * * * Base
Price Tons to be delivered in calendar year 2010 shall be billed at the blended
price of $* * *
per ton and the * * * Base Priced Tons
to be delivered in calendar year 2011 shall be billed at the blended price of
$* * * per
ton.
This agreement supersedes all prior
understandings and agreements of the parties with respect to the term, quantity,
Base Prices, Market Price and time of delivery of the coal to be sold and
purchased under the Agreement in calendar years 2009-2012 and it shall not be
subject to further amendment, modification or termination absent the mutual
written agreement of all of the parties hereto; provided, however, that nothing
herein contained is intended to alter, amend or supersede the price adjustment
provisions of the Agreement.
Please confirm your agreement to the
foregoing by signing and dating this letter in the space provided below and
return one original to me at your earliest convenience.
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Sincerely,
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Xxxx
X. Xxxxxx
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|
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Executive
Vice President
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Xxxxx
River Coal Sales, Inc.
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Xxxxx
River Coal Company
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South
Carolina Public Service Authority
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Xxxxx
X.
Xxxxx
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/s/
W. Xxxxx
Xxxxx
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Printed
Name
|
Printed
Name
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Chairman
&
CEO
|
Manager,
Fuel Planning &
Supply
|
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Title
|
Title
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/s/
Xxxxx X.
Xxxxx
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/s/
W. Xxxxx
Xxxxx
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Signature
|
Signature
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April
7, 2009
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April
20,
2009
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|
Date
|
Date
|
________________
*** -
confidential material redacted and filed separately with the
commission.
